In Re: Rosylyn W.

Syllabus

Sarah E. (\Mother\) and Scott W. (\Father\) appeal the termination of their parental rights to their minor child, Roslyn W. (\the Child\). In September 2018, Michael D. (\Uncle\) and Megan D. (\Aunt\) (collectively, \Petitioners\) filed a petition to terminate the parental rights of the parents to the Child in the Hawkins County Chancery Court (\Trial Court\). The Trial Court conducted a trial in August 2019. Following the close of Petitioners' proof, the Trial Court involuntarily dismissed the statutory ground of abandonment for failure to visit against both parents upon oral motion by the parents, pursuant to Tennessee Rule of Civil Procedure 41.02. At the conclusion of the trial, the Trial Court terminated Mother's parental rights based on the statutory grounds of abandonment by failure to support the Child and failure to manifest an ability and willingness to assume custody or financial responsibility of the Child. The Trial Court terminated Father's parental rights on the ground of abandonment by failure to support the Child. The Trial Court further found that termination of Mother's and Father's parental rights to the Child was in the Child's best interest. Upon its termination of the parents' rights to the Child, the Trial Court ordered that Petitioners and the parents must enter into an agreed order or a \preadoption contract\ that will survive the adoption to allow for reasonable visitation between the Child and the parents to continue their relationship. Both Mother and Father timely appealed the Trial Court's judgment. The Petitioners raise two additional issues. We reverse the Trial Court's involuntary dismissal of the statutory ground of abandonment by failure to visit pertaining to Father at the conclusion of Petitioner's proof, as well as the requirement that the parties enter into an agreed order or \preadoption contract\ allowing reasonable visitation between the parents and the Child after the adoption. We affirm the Trial Court's judgment in all o